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Legislation

Law 5653 of 2016, on the protection of children and adolescents against harmful content on the Internet.

This legislation focuses on various issues. It obligates Internet Service Providers (Access Providers) to develop and offer software that allow the detection, filtering, classification, deletion and blocking of content harmful to minors. The software must be installed in spaces that offer public access to the internet. The law creates a National Observatory for the Protection of Children and Adolescents (Observatorio Nacional para la Protección de los Derechos de Niño, Niña y el Adolescente en Internet – ONAI). The observatory is responsible for developing and executing a national plan to protect and promote the rights of minors in the Internet, to monitor the content on the Internet and prepare semiannual reports about the compliance with this law, to create and update a database of websites and improper content for...
Legislation

Law 4868 of 2013, regulating the electronic commerce.

This is the main legislation concerning intermediary liability in Paraguay. The legislation defines the different types of intermediaries, the procedures they should respect to remove unlawful content from the internet, and define the liability of Access Providers (article 11), hosting services (article 12), linking services (article 13) and caching (article 14). The law protects service providers who meet certain conditions (not having knowledge of the unlawful material, acting expeditiously to remove illegal content upon knowledge) from monetary damages for the infringing activities of their users and other third parties on the net. Article 9, ‘c’, defines that providers are obliged to suspend access to content upon the request of competent authorities, if a content violates the moral and public order, public health...
Legislation

Law 1682 of 2001, regulating private information.

This law defines what kind of collection, storage, processing and publishing of personal data is allowed. The law also forbids the diffusion of “sensitive data” of individuals or identifiable persons, defining as sensitive data the information relating to race or ethnicity, political preferences, moral, philosophical or religious beliefs, data about the sexual life of individuals, and any other data that fosters prejudice and discrimination, affect the dignity, the privacy, and the private image of persons and families. The infringement of the legislation may be sanctioned with fines imposed by the Civil and Commercial Court (Juzgado en lo Civil y Comercial).